“É a pressão dos empresários”, diz ativista sobre obras na Praça Portugal

Juíza da 1ª Vara da Fazenda Pública decidiu revogar liminar que paralisou obras no local; advogado que entrou com ação popular vai recorrer no Tribunal de Justiça de São Paulo

Publicado em 27 de setembro de 2021

Intervenção na Praça Portugal em protesto contra a supressão de árvores na cidade (Foto: Camila Araujo/Jornal Dois)
Por Camila Araujo

“A juíza tomou essa decisão porque existe pressão dos grandes empresários para que a obra aconteça”, opina Tiago Camargo, professor de Geografia e ativista no Coletivo Ação Libertária (CAL), sobre a revogação da liminar que havia paralisado as obras do sistema viário no entorno da Praça Portugal, publicada nesta segunda-feira (27). 

A decisão da juíza da 1ª Vara da Fazenda Pública Ana Lúcia Graça Lima Aiello, para Tiago, é um “absurdo”, embora fosse esperada por ele. “Não teria dado tempo de avaliar todos os erros do processo de autorização do projeto na praça”, argumenta o professor.

Ele diz ainda que “um projeto alternativo está sendo construído por biólogos e urbanistas e logo será apresentado para a sociedade”.

A nova decisão de Ana Lúcia Aiello foi publicada dez dias depois dela ter determinado a paralisação das obras do sistema viário no entorno da Praça Portugal, no dia 17 de setembro, em resposta a uma ação popular proposta por Edilson Marciano. 

“Não cabe, neste momento processual, analisar o mérito do litígio, ressaltando que a legalidade, ou não, da obra será analisada ao final”, aponta a decisão, que afirma também se tratar de “questão da estética” da praça. 

Edilson Marciano, autor da ação popular pela paralisação das obras, que também é advogado, afirma que vai recorrer da decisão e levá-la para 2ª instância, no Tribunal de Justiça do Estado de São Paulo, junto com a advogada Daniela Rodrigueiro, que cuida do caso. O objetivo deles, segundo o advogado, é garantir que as obras sejam interrompidas para discutir a legalidade do empreendimento, e saber se a intervenção deve ou não ser concluída, a fim de resguardar o “direito coletivo”. 

“É possível reverter a situação”, conclui Edilson, afirmando que vai recorrer até o Supremo Tribunal Federal (STF) se for necessário. Ele também explica que a agilidade com que os recursos são avaliados depende da “quantidade de recurso financeiro para empregar nessa tentativa”, o que implica, argumenta Edilson, em um acesso desigual ao sistema judiciário, já que “para distribuir recursos” diretamente nas mãos de juízes e desembargadores “isso tem um custo”. 

Atuando em “causa própria”, nos termos da advocacia, Edilson afirma que não tem vínculo formal com o movimento Levante Pelas Raízes, grupo que ocupou a praça por quatro dias em protesto. Mas diz que apoia a causa.

Para o professor Tiago, integrante do movimento, o “corpo jurídico vai tomar posições devidas para que a liminar não caia” e afirma que “está respaldado em lei porque existe uma série de agravos cometidos”. 

Ele conta ainda que ficou “indignado” que o Ministério Público não tenha sido contra a continuação da obra e opina que “o MP era para estar em defesa do povo” e “se mostrou contra o povo de fato”. 

A decisão inicial pela liminar de paralisar as obras contou com o apoio do promotor do Meio Ambiente Luiz Eduardo Sciuli de Castro em 16 de setembro. Dias mais tarde, ele se manifestou pelo prosseguimento das obras, como apontou a juíza na decisão desta segunda. 

No documento, Aiello afirma também que “em relação ao meio ambiente, o documento de fls. 61 prevê a supressão de 51 (cinquenta e uma) árvores e plantio de outras 555 (quinhentas e cinquenta e cinco) para compensação, documento emitido pelo Secretário Municipal do Meio Ambiente, órgão técnico da Municipalidade em matéria ambiental, razão pela qual não cabe ao Judiciário emitir Juízo de valor”. 

O ativista Tiago afirma que “a expressão que aquelas árvores tinham no microclima da região era expressiva e só se recupera em 60, 70 anos”, acrescentando que “o planeta pede socorro”, e que “a gente não sabe se tem esse tempo”. 

“Não há mais como sustentar uma vida predadora com o meio-ambiente”, conclui. 

Ainda nesta segunda-feira (27), a ONG Naturae Vitae registrou um boletim de ocorrência para apurar possíveis crimes contra o meio ambiente na intervenção da praça.

Em nota, a advogada Thais Viotto, membro do Conselho Municipal de Proteção e Defesa dos Animais (COMUPDA), explicou que os fatos que levam a constatação do crime seriam “a destruição da praça em si, das árvores, essenciais para a manutenção do ecossistema local, morada de muitos pássaros e outros animais”.

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